tag:blogger.com,1999:blog-7923005810906159036.post2656547043792111294..comments2024-03-27T12:49:05.975+00:00Comments on IP finance: Aspiration versus reality: a perspective on Scottish plans for business-friendlinessAnne Fairpohttp://www.blogger.com/profile/02579190868405783459noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-7923005810906159036.post-77569401389378639792013-12-14T17:48:28.410+00:002013-12-14T17:48:28.410+00:00Oh dear, here we go again.
I am confident that th...Oh dear, here we go again.<br /><br />I am confident that the somewhat opaque language is directed to the potential introduction of a "second tier right", akin to the German Gebrauchsmuster, the French "Certificat d’utilite" and sundry other similar "petty patent” systems. <br /><br />If, as seems likely, an independent Scotland would wish to be a member of the EU, it might take note of the EU initiatives in this area over the past few decades, where there was a feeling that the lack of uniformity in this area as between the member states, with some having such systems and others not, could be distorting interstate trade. I cannot recall which of the respected research organisations was charged with securing and evaluating the evidence, but I do recall that the conclusion of the researchers, and indeed this was tacitly endorsed by the Commission’s lack of subsequent action, was that there was little evidence for any distorting effect, and the differences between national systems seemed not to translate into any national advantage or disadvantage to its businesses. The UK has managed without ever having such a system; the Germans have had one for this writer’s entire professional career.<br /><br />Industry in the UK traditionally opposed the introduction of an “unexamined right”, but if, prior to enforcement, it had to be subject to search and examination, the owners of such rights would have to spend the time and money when they felt aggrieved by third party allegedly infringing activity, which would act as a brake; far better, particularly for the individual or SME rightholder, to sell or licence.<br /><br />There was also the concern about submarines and searching – both can be addressed in a deposit system which requires the applicant to file with at least one claim, and which has the office apply a classification mark to it, followed by rapid publication, perhaps immediately, in contrast to the 18 month “unpublished” term applying to patent applications.<br /><br />And of course flushing out of the system the need to search and examine lots of doubtful patent applications might assist the reduction of backlogs to which many Offices aspire.<br /><br />Just a few thoughts. If the proposal sparks off a fresh debate about whether to introduce such a system into countries which do not have one, this could be interesting. Especially when one recalls that the Chinese and Japanese Utility Model systems have attracted such substantial usage…….Richard Gallafentnoreply@blogger.comtag:blogger.com,1999:blog-7923005810906159036.post-49219470440716228772013-11-28T11:07:08.167+00:002013-11-28T11:07:08.167+00:00I think economies decide whether to have rights th...I think economies decide whether to have rights that are easily acquired and then easily lost in litigation or whether to have rights which are difficult to acquire and then presumed to be valid. I'm sure that developed economies need the latter sort, and I hope that Scotland will aspire to be a high-tech knowledge based economy. My fear is that in seeking to reduce inequality it would make the assumption that it should focus on low-tech sectors, which is perhaps where the sentiments are coming from.Anonymousnoreply@blogger.com